The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)Burke, Edmund
Religion
The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
long, and with, such obstinacy, after the introduction of Christianity,
and in spite of the frequent injunctions of the Pope, whose authority
was then much venerated, in the use of a species of proof the
insufficiency of which a thousand examples might have detected. But this
is perhaps not so unaccountable. Persons were not put to this trial,
unless there was pretty strong evidence against them, something
sufficient to form what is equivalent to a _corpus delicti_; they must
have been actually found guilty by the _duodecemvirale judicium_, before
they could be subjected in any sort to the ordeal. It was in effect
showing the accused an indulgence to give him this chance, even such a
chance as it was, of an acquittal; and it was certainly much milder than
the torture, which is used, with full as little certainty of producing
its end, among the most civilized nations. And the ordeal without
question frequently operated by the mere terror. Many persons, from a
dread of the event, chose to discover rather than to endure the trial.
Of those that did endure it, many must certainly have been guilty. The
innocency of some who suffered could never be known with certainty.
Others by accident might have escaped; and this apparently miraculous
escape had great weight in confirming the authority of this trial. How
long did we continue in punishing innocent people for witchcraft, though
experience might, to thinking persons, have frequently discovered the
injustice of that proceeding! whilst to the generality a thousand
equivocal appearances, confessions from fear or weakness, in fine, the
torrent of popular prejudice rolled down through so many ages, conspired
to support the delusion.
[Sidenote: Compurgation.]
Public-domain text, read in full here on John Shaqi.
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